Kondaparthy Nageshwar Rao v. State Of Telangana

HON'BLE SRI JUSTICE M.S.K.JAISWAL CRL.P.No.6166 of 2015 ORDER:

The petitioners, who are A-4 and A-5, seek to quash the proceedings initiated against them in C.C.No.184 of 2015 on the file of the Judicial Magistrate of First Class, Manuguru, Khammam District, registered for the offences punishable under Section 498-A I.P.C., Sections 3 and 4 of Dowry Prohibition Act.

On a complaint given by the 2nd respondent herein, a case in Crime No.65 of 2015 was registered against the petitioners along with five others by the Sub Inspector of Police, Manuguru Police Station, Khammam District. Eventually, after completion of investigation, a charge sheet was laid under the aforesaid offences against the accused in the Court of the Judicial Magistrate of First Class, Manuguru. Heard the learned Counsel appearing for the petitioners and the learned Public Prosecutor, representing the State.

A perusal of the allegations in the charge sheet would clearly reveal a prima facie case against the petitioners for the aforesaid offences. The truth or otherwise of the allegations cannot be gone into in this petition and it can only be decided during the course of trial. Therefore, I see no reason to interfere with the matter at this stage by quashing the proceedings against the petitioners. Instead it is better to

allow the trial in the case to be expedited.

Having heard the learned Counsel for the petitioners and having gone through the contents of the charge sheet, the Criminal Petition is disposed of with a direction to the trial Court to proceed with the trial of the case expeditiously. However, the trial Court shall not insist the presence of the petitioners-A4 and A5 for every date of hearing unless it feels that their presence is necessary for any specific purpose. Miscellaneous petitions, if any, pending shall stand closed.

_________________ M.S.K.JAISWAL, J 13-07-2015 Gsn